PM’s conviction: Aitzaz has no regrets for not filing appeal
A day after the apex court fired prime minister Yousaf Raza Gilani, his former attorney Aitzaz Ahsan defended his client’s decision to not appeal his conviction in a contempt case.
The appeal draft was ready – but the ruling Pakistan Peoples Party decided not to go into appeal, Ahsan told journalists outside the Supreme Court on Wednesday.
“The court decided what the PPP feared. The seven-member bench did not disqualify him, but the three-member bench did. An appeal would have made no difference,” he added.
He said the seven-member bench, in its April 26 verdict, had said that a ‘question is likely to arise’ on Gilani’s disqualification, but it did not disqualify him.
“The bench said yesterday (Tuesday) that I should have filed an appeal against the verdict,” said Ahsan. “They also said that they cannot amend their decision, I say you have amended it – you did what the seven-member bench did not do.”
Ahsan said that he had prayed several times before the court that it should not take a decision against individuals, as it leaves no room for an appeal.
“If tomorrow, the court rules that I am no more a senator then it leaves no room for me to appeal. Hence, suo motu notices are not taken in cases in which the respondent cannot appeal.”
Ahsan went on to add that whoever is appointed as the PM will be issued a new order to write a letter to the Swiss authorities.
“My opinion has never changed. I have said this time and again that there is no harm in writing a letter to the Swiss authorities, but not writing is also not a crime,” Ahsan said, reiterating that until President Asif Ali Zardari was in power, a letter could not be written against him.
Published In The Express Tribune, June 21st, 2012.
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It's very strange for me to hear this argument from layers and other people in Pakistan that 7 members bench did not disqualified the PM but 3 members bench did. Every body is missing the point either they are missing this point intentionally or it's political stunt and they want misguide the people and want to paint a picture which against the judiciary. Matter of that fact is that if you read the judgment of 7 members bench it clearly disqualified the PM but did not declare because they wanted to implement it through democracy chennal and that's the reason matter was referred to speaker and then it should have gone to election commission for implementation of disqualification. But as PPP is determined to defy the judiciary they did not refer this matter to election commission. In fact Speaker turned down the 7 members bench decision and gave her own decision. (this can only happen in Pakistan) In this situation where democratic forces failed to implement court's decision (referring matter to election commission) then law makes its own rout and 3 member bench had to give directive for disqualification of the PM. It's very simple but people are mnupilating the matter for their own benefit.
Aitzaz is quite right in his assessment when he says the honourable court amended their previous decision. "The seven member bench didn't do what the three member bench did". I fail to understand why PM Gillani wasn't disqualified before? Is there anything else which made the court to show him the door this time around? Were there some "developments" which dictated the court order? I was hoping a restrain by the court as they have shown previously. This decision will have after effects for sure, whether positive or negative; time will only tell.